Mamu People v State of Queensland [2006] FCA 1563

Mamu People v State of Queensland [2006] FCA 1563

Application for joinder dismissed due to failure by Messrs Appo to identify their claimed interest with sufficient particularity and because the interest was either purely spiritual/emotional or lacked evidence of historical use of the land.

Parties
Applicant: Stephen Appo; Applicant: Gerald Raymond Appo; First Respondent: Mamu People; Second Respondent: State of Queensland; Third Respondent: Cairns City Council; Fourth Respondent: Eacham Shire Council; Fifth Respondent: Johnstone Shire Council; Sixth Respondent: Queensland Lapidary and Allied Crafts Club Association; Seventh Respondent: Marcus Bulshade; Eighth Respondent: Ergon Energy Corporation Limited; Ninth Respondent: Ports Corporation of Queensland; Tenth Respondent: Telstra Corporation Limited; Eleventh Respondent: CA & RA Giueni; Twelfth Respondent: CG, MJ, DG & SE Morgan; Thirteenth Respondent: LJ, B, JM McLelland; Fourteenth Respondent: Mr & Mrs McAvoy; Fifteenth Respondent: Mr Christavido; Sixteenth Respondent: Various Fishermen; Seventeenth Respondent: PJ & KM Dryden
Jurisdiction
Australia
Judgment Date
29 August 2006
Procedural Posture
Native Title Application / Motion for Joinder of Parties
Outcome
Motion dismissed
Legal Topics
Joinder of Parties, Standing (interest Affected), Native Title Act S 84(5)
Native Title Civil Procedure Joinder of Parties Standing (interest Affected) Native Title Act S 84(5)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Stephen Appo

Applicant

Gerald Raymond Appo

Applicant

Mamu People

First Respondent

State of Queensland

Second Respondent

Cairns City Council

Third Respondent

Eacham Shire Council

Fourth Respondent

Johnstone Shire Council

Fifth Respondent

Queensland Lapidary and Allied Crafts Club Association

Sixth Respondent

Marcus Bulshade

Seventh Respondent

Ergon Energy Corporation Limited

Eighth Respondent

Ports Corporation of Queensland

Ninth Respondent

Telstra Corporation Limited

Tenth Respondent

CA & RA Giueni

Eleventh Respondent

CG, MJ, DG & SE Morgan

Twelfth Respondent

LJ, B, JM McLelland

Thirteenth Respondent

Mr & Mrs McAvoy

Fourteenth Respondent

Mr Christavido

Fifteenth Respondent

Various Fishermen

Sixteenth Respondent

PJ & KM Dryden

Seventeenth Respondent

Procedural Posture

Native Title Application / Motion for Joinder of Parties

Legal Issues

  1. 1 Whether Messrs Appo have demonstrated an interest sufficient for joinder under s 84(5) Native Title Act
  2. 2 Definition and sufficiency of interest for joinder in native title proceedings

Ratio Decidendi

Application for joinder dismissed due to failure by Messrs Appo to identify their claimed interest with sufficient particularity and because the interest was either purely spiritual/emotional or lacked evidence of historical use of the land.

Court Disposition

Motion dismissed

Orders

  • Application for joinder by Messrs Appo is dismissed